Tag Archives: intentional

Man murdered in Scottsdale

security cam footage of assailant escaping

2/22/2018,  N Scottsdale Road, near McDowell. Why this took over three weeks to make the news is very weird!? The assailant escaped after jumping into a black 1995 to 1996 black Nissan 200SX, with a 2nd suspect already in the vehicle. Police have so far not located the suspect or vehicle.


this is a non-traffic stat.

Continue reading Man murdered in Scottsdale

This happened one day in Tempe

northbound Hardy near University Drive. Could a bus driver safely overtake a cyclist here? Could a bus driver safely overtake 50 bicyclists here? Should a bus driver attempt to overtake 50 cyclists here?

Out for a Saturday morning group ride on Hardy Drive in Tempe July 2, 2016, cyclists had some sort of negative encounter with a motorist. Traffic would be light at 9AM on a Saturday morning in the dead of summer, except for the group of estimated 50 bicyclists (dispersed, not one group) and that motorist. The street here is very narrow, is traffic-calmed with ped islands and speed tables installed in a 2014/15 streetscape project, and has a speed limit of 30mph. Continue reading This happened one day in Tempe

Vehicular Assault

Arizona has no such crime, nor do we have a vehicular homicide statue. You’ve either assaulted someone or not; if you use a vehicle in an assault, you will be charged with aggravated assault, a serious felony. These cases far more commonly involve impaired drivers — an impaired driver who causes a crash w/injury are routinely charged with aggravated assault; e.g. the driver in the pedicab incident (sentenced to 4 years in prison). However from time to time, there are drivers who are just plain angry over something or other.

There’s a mis-conception that assault, §13-1203 requires causing actual physical  injury; but that is not the case, merely “Intentionally placing another person in reasonable apprehension of imminent physical injury” creates the crime of assault. And aggravated assault  §13-1204 is just an assault committed with some listed factor; in cases involving a motor vehicle: “If the person uses a deadly weapon or dangerous instrument”, or if the victim is seriously injured regardless of how.

[ Also see  §13-1201, and  §13-1202 which are the crimes of “Endangerment”, and “Threatening or intimidating”, respectively. These all sort of play together, note the statute numbering: 1201,2,3,4 ]. They are in rough-order of escalating seriousness:

Also, in case you were wondering:

28-3304. Mandatory revocation of license; definition
A. In addition to the grounds for mandatory revocation provided.. the department shall immediately revoke the license of a driver…
1. A homicide or aggravated assault resulting from the operation of a motor vehicle. [effectively this causes a 3 year revocation per 28-3315E1]

Indicia of Criminality

Any incident must be considered in total; however, one or more of these actions by a driver may indicate criminal intentions, and not merely infractions. The more indications the more likely there was criminal intent. Note these indicators have little in particular to do with bicyclists, and are more-or-less the same as any road rage situation

  • Repeated or prolonged horn activation
  • Activating horn while stopped
  • Changing lanes repeatedly
  • Changing lanes to become impeded
  • Failure to drive within one lane (“Straddling” lanes)
  • Failure to change lanes when another lane is available
  • Passing too closely
  • Driving too slowly / Slowing or braking after passing
  • Surging (speeding up then slowing down)
  • Any Reckless or Aggressive Driving
  • Shouting
  • Causing extra noise (revving engine)
  • Backing / returning to the scene of an incident
  • Leaving the scene of a crash (“hit-and-run“)

This content was moved from comment on related article in-the-presence-requirement


Arizona has a criminal harassment law, it doesn’t appear to be particularly applicable to motorists who harass others on the road:

 §13-2921 Harassment; classification; definition

E.g. would or could unwanted and otherwise illegal repeated horn-blowing or screaming qualify as “with intent to harass (by) … causes(ing) a communication…”?

In the context of bicyclists, see CA Attorney Seth Davidson’s article Report Card, where he stresses the need, neigh duty, to report such behaviors, which are nothing more or less than using a dangerous instrument to commit a crime.

Some Arizona Cases of Drivers Charged Criminally in Arizona

Here are the curious cases of Theresa Depiero and Holly Solomon Continue reading Vehicular Assault

Hit-Run on pro cycling training ride in Tucson

[UPDATED 1/14/2014: according to tucsonvelo.com the driver was sentenced to 7 days in county on an apparent plea-deal that drops most of the charges. There is a civil suit working in Pima County court]

This one is so weird, i don’t want to lose track of it…. It’s been almost 7 months, what’s the deal? From tucsonvelo.com:

“One cyclist with the Jamis-Hagnes Berman cycling team was sent to the hospital and several others were injured during an assault by a Tucson motorist on Friday ( ~ 2/22/2013 ) morning around 11 a.m., according to a team rider … A Pima County Court record search identifies the (suspect) as Rodney Owen Kinkade Jr., 57. The court record lists it as an assault occurring on Friday and matches the crime map case number”

Continue reading Hit-Run on pro cycling training ride in Tucson

Driver convicted in Colorado horn-honking incident

If you haven’t yet seen the actual video of the incident, it’s really remarkable.

Kudos to the Colorado Highway Patrol (and the prosecutors) for actually investigating; and bringing the driver to justice.

According to the Daily Camera, driver “James Ernst pleaded guilty to two counts of harassment — a Class 3 misdemeanor — and two counts of improper use of a horn — a traffic offense”, and received 12 months probation, including a court-ordered anger management class. Continue reading Driver convicted in Colorado horn-honking incident

Motorist Doctor Convicted on all counts

[This article about the 2009 Doctor-criminal in LA, has become a repository of these flagrant, intentional acts, with the advent of omnipresent video recording, these incidents which at one time would have just been he-said-she-said types to things and brushed off, are becoming more frequently heard about;  jump down]

In a highly unusual incident, Physician Christopher Thomas Thompson was convicted on all charges in a Los Angeles court, including multiple felonies of intentionally causing a crash that seriously injured two bicyclist. Continue reading Motorist Doctor Convicted on all counts